DA says suspect tried to wash evidence off hands

Updated 7:31 am, Friday, April 20, 2012

ALBANY — If Kolby Martin gets acquitted, no one will want to shake his hand.

The reputed South End gang member, on trial for attempted murder in Albany, was spotted rubbing urine on his hands after being hospitalized last August following his arrest, a prosecutor told jurors Thursday.

He was allegedly trying to rinse away gunshot residue.

Martin, 28, who was convicted in a federal case that took down the Original Gangsta Killas street gang, is on trial facing charges he fired at least two shots at a would-be victim at 11:20 a.m. on Aug. 24 at Clinton Avenue and Judson Street. Jurors were still deliberating the case Thursday evening after receiving instructions several hours earlier from acting Supreme Court Justice Dan Lamont.

Martin, known as "Holly G," was on supervised release at the time following his guilty plea to cocaine possession in the federal case.

Now he faces up to 25 years in prison on charges that he fired a revolver while he was a passenger in a 2004 Chevy Trail Blazer driven by Eddie Peebles of Troy.

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In closing arguments Thursday, Assistant District Attorney Daniel Lynch told jurors that Martin was videotaped by police car surveillance shooting at the victim, who was not identified. He said Martin, who allegedly possessed two loaded handguns, rode in the car as Peebles led police on a chase over several blocks.

Martin later got out of the car on Buell Street and ended up on a rooftop on Colvin Avenue, where an officer yelled, "Get down!" Instead, Martin jumped into an alley where he broke both his ankles, authorities said. He and Peebles were arrested.

While at St. Peter's Hospital, two police officers witnessed Martin as he "poured urine from his left hand into his right hand — and rubbed it into his thumb and forefinger," Lynch told jurors.

Lynch told the jury Martin's DNA was found on both guns — including the trigger area of one of them. The chances of the DNA being a person other than Martin was more than 300 billion to 1, he said.

Martin's attorney, Freddie Santiago, earlier argued there was no way to know how long the DNA had been there.

Martin faces six charges that also include gun possession and reckless endangerment.

Martin, also known as "Holla Day" and "Hollywood," is a two-time shooting victim. He was also stabbed once. He has five prior convictions including the federal case.

Following his release from prison in 2007, Martin preached nonviolence on at least 12 occasions while working for city gang prevention specialist Ronald "Cook" Barrett. The work included a videotaped meeting with then-Chief James W. Tuffey and top police deputies.

After his arrest in the OGK case, Martin wrote a letter to U.S. District Judge Gary Sharpe highlighting his anti-gang work.

"I feel like law enforcement is not recognizing me for my positive work that I — along with my gang prevention team — conducted in the Albany communities," Martin wrote to the judge.

Barrett testified on behalf of Martin at a pre-trial hearing, stating he was unaware Martin — whom he had known since childhood — was a gang member.

In May 2011, Martin was sentenced to time already served and six years supervised release for possessing less than a gram of cocaine in the OGK case.